Health Safety Executive
Accountable persons and the principal accountable person manage the fire and structural safety risks of a high-rise residential building.
A high-rise residential building has at least:
- 7 storeys or is at least 18 metres high
- 2 residential units
The building must be registered with the Building Safety Regulator (BSR) before people live there.These buildings are known as higher-risk buildings under the Building Safety Act 2022
Accountable person (AP)
An AP is an organisation or individual who owns or has a legal obligation to repair any common parts of the building.
Common parts areused by residents, such as:
- the structure and exterior of the building
- corridors
- lobbies
- staircases
An AP can be a:
- freeholder or estate owner
- landlord
- management company
- resident management company
- right to manage company
- commonhold association
Principal accountable person (PAP)
Each building must have one clearly identifiable AP, known as the PAP.
The PAP is usually an organisation, like a commonhold association, local authority or social housing provider.
In some circumstances, an individual can be the PAP. For example, the individual is:
- the owner of the building
- named on the leasehold as responsible for the maintenance of common parts
Check who the PAP is
If there is just one AP for a building, then they are the PAP.
When there are multiple APs, then whoever owns or has a legal obligation to repair the structure and exterior of the building is the PAP.
APs and the PAP can be accountable for the fire and structural safety risks of more than one building.
Who is accountable
APs and the PAP cannot delegate their legal obligations to others.
APs and the PAP can employ an organisation or individual, like a managing agent, to carry out duties on their behalf. However, the accountability for making sure those duties are carried out and the liability for a buildings safety remains with the APs and PAP.
Single point of contact
If the PAP is an organisation, then someone from the organisation can be the single point of contact for BSR.
The single point of contact can also be a third party separate to the organisation, such as a management company. This individual should have authority or duties relating to the safety of the building, but this does not make them or the third party the PAP. It is the organisation that is the PAP.
The PAP must give written consent to the third party. If this consent stops, the PAP must update the single point of contact with BSR.
Complex leaseholds
When a building is operated through a complex leasehold structure, the AP is any organisation or individual who is one of the following:
- owner of the building
- named on the lease as responsible for the repair or maintenance of any of the common parts
This is known as being under a relevant repairing obligation.
Management companies and agents
Accountability remains with whoever owns the common parts, or has the legal obligation to repair or maintain them under a lease. A management company operating under a contract which requires it to carry out maintenance is not an AP. A management company that operates under a lease that requires it to repair or maintain the common parts will be the AP for those parts.
Landlords
A landlord that rents or leases property and is legally responsible for maintaining the common parts of their building is an AP, for example:
- local authority
- social housing
- private sector
Uncertainty or disputes about who is accountable
If there is uncertainty about who is an AP or PAP, an interested party can apply to the First-tier Tribunal for a decision.
An interested party can be:
- an organisation or individual who owns, or claims to own, any part of the common parts
- a person or organisation who has, or claims to have, a repairing obligation for any part of the common parts
- BSR
How APs work with Responsible Persons (Fire Safety)
A Responsible Person is a role under The Regulatory Reform (Fire Safety) Order 2005. In some buildings an AP or PAP will also be the Responsible Person. Where this is not the case, building safety information must be shared across these roles and any information shared must meet data protection requirements
Legal duties
APs are responsible for assessing and managing the risks posed to people in and about the building from structural failure or the spread of fire in the parts of the building they are responsible for.
To do this, APs must:
- report safety occurrences to BSR and report them on the mandatory occurrence reporting system operated by the PAP
- carry out duties relating to the resident engagement strategy
- keep certain information about the building, also known as the golden thread of information
- provide building information to relevant individuals and organisations
Check the parts of the building you are responsible for
When there is only one AP, they are responsible for managing the structural and fire safety risks in:
- the common parts
- residential units
- commonhold units
- balconies, including those attached to individual residential units
- any other part of the building that is not covered by the Regulatory Reform (Fire Safety Order)
Accessing a residence
The AP can enter a residence at a reasonable time to assess or manage building safety risks. Before access, they must:
-
request access from the resident at least 48 hours in advance
-
make the request in writing
-
explain in detail why they need access
If the resident refuses access, the AP can apply for a court order to gain access.
Before making an order, the court must agree that access is necessary and t